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  1. #1
    Join Date
    May 2012
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    4

    Exclamation Can You Discharge Divorce Decree Obligations in Bankruptcy

    My question involves bankruptcy in the state of: Texas

    My ex-wife owes me $25k as written out in our divorce decree (I do not owe her anything). In total, she is now $100k in debt and filling for bankruptcy--

    Since I am one of her creditors (the 25k she owes me is in my name), I received a letter in the mail today telling me I need to defend the debt she owes, or it will be forgiven. How do I protect the money she owes me from being erased with all of her credit card debt?


    Thanks in advance for any help!

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Can You Discharge Divorce Decree Obligations in Bankruptcy

    Is the $25k spousal support or child support?

  3. #3
    Join Date
    May 2012
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    4

    Default Re: Can You Discharge Divorce Decree Obligations in Bankruptcy

    $15k are legal fees, and the rest is a combination to settle previous debts (mostly CC debt she ran up in my name)

  4. #4
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    Apr 2009
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    Default Re: Can You Discharge Divorce Decree Obligations in Bankruptcy

    She can generally discharge these.

  5. #5
    Join Date
    May 2012
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    4

    Default Re: Can You Discharge Divorce Decree Obligations in Bankruptcy

    In order for her to be able to discharge this debt, that puts 100% of the burden on me.

    1.) Since I am not a company/corporation, this will impact me directly (MY paycheck + credit score)... will the court take this into consideration?

    2.) I have written proof she acted vindictively in ringing up all this debt in my name. Can evidence like this be taken into account?

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Can You Discharge Divorce Decree Obligations in Bankruptcy

    The court really doesn't care. The creditors care. If they can't get their money from one party regarding a joint debt, they're likely going to go after the other party no matter what the divorce decree says. (The creditors are not party to the decree).

    Please explain how she how she vindictively rang up the debt in your name - without your knowledge or consent.

  7. #7
    Join Date
    May 2012
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    4

    Default Re: Can You Discharge Divorce Decree Obligations in Bankruptcy

    when we decided to get the divorce (in VA) she quit her job & moved back in with her parents (TX) while I continued to work and pay all our bills. My job, advertising, had me on the road 24/7 (literally living in a van) making it impossible to fully manage my bills. She refused to get a job and pitch in for 2 years while charging her shopping sprees in my name. I could not get her name taken off the cards because she set up all the account passwords/security questions and would not give me access. (I had to fight CC companies over the phone for a year before they finally adjusted the system. I tried to sell the house to cut my loses, but when she found out, moved back in (MORE costs to evict someone whose name was on the mortgage-- yet not paying bills). Eventually I had to short-sell on our house which she tried to force into foreclosure by refusing to sign the closing documents and STILL not paying the mortgage or closing costs... She contested the divorce & did every possible move to make the divorce take 3years instead of 6months.

    Thanks to her rude emails and blackmail attempts, I proved in court she was acting vindictively. In fact, she wrote in her diary "I should get a job, but I don't want to. I know when he hits rock bottom he will come back to me, I will help him get there"

    Its all really messy and now I will have another $25k in debt, adding more insult to injury. Thanks for your help
    Cheers!

  8. #8
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Can You Discharge Divorce Decree Obligations in Bankruptcy

    The correct answer to your inquiry depends upon which chapter she filed and whether or not the obligation is “in the nature of support”.

    If she filed a Chapter 7 her obligation to you, which apparently arose out of a divorce decree, IS NOT dischargeable no matter what. See 11 USC 523(a)(15). If you are called upon pay the debts she agreed to pay you can go after her for payment. If she was ordered to pay you $$ directly, you are still entitled to collect.

    If she filed a Chapter 13 her obligation to you, if it is not “in the nature of support” IS dischargeable and you are out of luck. Of course, one solution would be for you to file bk and eliminate your liability for the “joint” debt.

    You need to consult with a creditor attny who can then file the appropriate complaint (assuming she filed a 7 or, if a 13, the obligation is in the nature of support) in the bk. If this is a Chapter 7 there is no deadline to file a complaint under 523(a)(15). Not sure about the timing if you are dealing with a Chapter 13.

    Des.

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